RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02572
		INDEX CODE:  100.03

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2X be changed so that he may reenlist.  

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APPLICANT CONTENDS THAT:

He was never made aware of his inability to reenlist and discovered this only until he arrived at his appointment to enlist in the AFR.  

The applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 9 March 1992.  He was progressively promoted to the grade of senior airman.  

The following is a resume of his Enlisted Performance Report (EPR) ratings, commencing with the report closing 15 July 1994, rendered on the applicant in the grade of airman first class.  

	PERIOD ENDING	OVERALL EVALUATION

 15 July 1994			4
 16 July 1995			3
*13 November 1995			3
 13 November 1996			4
*02 September 1997			3

*Denotes referral report

Applicant was discharged on 25 January 1999, after serving 6 years, 10 months, and 16 days on active duty.  An RE code of 2X (First term airman considered but not selected under SRP). 

In a letter dated 18 December 2001, AFPC/DPPRSP advised applicant that an error to his DD Form 214, Certificate of Release or Discharge from Active Duty, Item 26 had been identified and was corrected.  A corrected copy showing SPD correction to KCF (to attend school) was sent to the applicant.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended the application be granted.  DPPRS stated that in order to correct an injustice the separation code should be changed from KDF (pregnancy and childbirth) to KCF (to attend school).  DPPRS deferred the reenlistment code issue to DPPAE. 

The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE recommends the application be denied.  DPPAE states that the applicant received two referral EPRs in Nov 95 and Sep 97 which would justify denial of reenlistment based on his performance.  However, DPPAE states that they could not find documentation such as an AF Form 418, Selective Reenlistment Consideration, officially denying him reenlistment. 

The DPPAE evaluation is at Exhibit D.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 15 March 2002 for review and response.  As of this date, no response has been received by this office. 

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 12 June 2002, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Sep 01.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 20 Dec 01.
    Exhibit D.  Letter, AFPC/DPPAE, dated 28 Feb 02.
    Exhibit E.  Letter, SAF/MRBR, dated 15 Mar 02.